76 A.D.2d 851 | N.Y. App. Div. | 1980
In a proceeding pursuant to CPLR article 78, the Office of Mental Retardation and Developmental Disabilities (OMRDD) and its commissioner, and the Young Adult Institute and Workshop, Inc., appeal from a judgment of the Supreme Court, Queens County, dated January 28, 1980, which, inter alia, granted the petition and annulled a determination of OMRDD approving the selection of a site and licensing same as a community residence for mentally disabled persons. The appeal brings up for review an order of the same court, entered September 13, 1979, which denied a motion to dismiss the petition. Judgment and order reversed, on the law, without costs or disbursements, motion granted and proceeding dismissed. We find cogent the argument of the appellant sponsoring agency (Young Adult Institute and Workshop, Inc.) that the Padavan Act (see Mental Hygiene Law, § 41.34, L 1978, ch 468, § 2, eff Sept. 1, 1978) is inapplicable to the instant proceeding. We note from the correspondence between petitioner, Community Board No. 3, and appellant OMRDD that the site at 33-32 89th Street, Jackson Heights, New York, was selected for use as a residential community facility for the mentally disabled prior to September 1, 1978, or more precisely, in July of 1978. The relevant correspondence further indicates